Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-08-31
HOME AFFAIRS.
THE UTE INDIANS BACK ON THEIR
RESERVATION.
Saratoga Races Closed-Swinton on
Labor Dissensions-Heavy Fail
ure-The Field Decision.
ESPECIAL DISPATCHES TO THE HrcosD-usIos.l
FIELDS DECISION.
The Only Possible Outcome of an Illegal
Proceeding.

proceeding.
lcopght, 1887, By the California Associated Press
New YORK, August 30th.-[Special.E 1.-The Ere1,-
ing Post says: "There is nothing in Justice
Fields decision in the Stanford case that can be
considered novel, or that ought to occasion sur
prise. The Pacific Railway Commission sum
moned Stanford as witness. He appeared be-
fore them, although if he had stood upon his
rights he need not have done so. He answered
some questions put to him, and he refused, or
declined, or was unable to answer others. The
Chairman of the Commission telegraphed' to
the President for authority to employ counsel to
compel him to answer, and received such
authority The only way the District Attorney
can proceed is to apply 10 the Court for an order
irecting the recrsant to testify. The appliea-
tion WAS made to the highest judicial authority
within reach, and it was refused as Stanford
knew.and every body ought 10 have known-it
would be.
"of course the Pacific Railway Commission
were bound to omit no means to accomplish the
object OF their creation but the decision of the
Supreme Court i'll the Hallet-Kilbourn case was
directly III the teeth of the application. The
Government of the United States was established
TO secure blessings of liberty, and accordingly
the steps by which one may be deprived of his
liberty must be some process of law. An order
from legislative branch of the Government is
not process of law. There may be inconyen-
iences attending the release of Stanford but not
so great as that attending the incarceration of
the man at whose suit Congress was virtually
fined S25 600, and paid the fine
INnoRsED BY ANOTHER JUSTICE.
Copyright. 1857, by the California Associated Press
WASHINGTON, August 30th.-TSpecial. RE
ferring to Justice Fields decision in the stan
ford case to-day, an Associate Justice of the Su-
preme Court said that Judge Fields opinion is
sound in law and precedent. The Court of
which he is a member has held repeatedly that
Congress has no judicial functions, except when
sitting as Court of impeachment or in judg-
ment upon Its own members. In both of these
eases judicial functions are conferred upon it by
the Constitution. Neither can it confer judicial
powers itself upon Commissions appointed to
gather information for its own use, and cannot
therefore, compel the attendance or punish re-
calcltrant witnesses. This has been decided in
q number of cases, notably that of the suit of
Hallett kilbourne against John H. Thompson,
SerSeant-at-Arms of the House.
A COURAGEOUS JUSTICE.
A well-known lawyer said of the decision :
"While the decision of Justice Field may not
be very popular, 1t shows again that he is DOS
sessed of the courage of his convictions That
tice Field was made the object of fearful
newspaper attacks which he disregarded and
gave his decisions in opposition 10 public senti-
ment."
PATTISoS DIES HARD.
PHILADELPHIA, August 30th. - Ex-Governor
Pattison, President of the Pacific Railway Com
mission, was seen to-day relative to Justice
Fields decision. He declined to be interviewed
on what effect the decision would have on the
Judge Hoffman had rendered a dissenting opin-
ion